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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />May 11, 2009 <br />John McCulloch <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 80182 <br />Re: Proposed Decision <br />Permit Renewal Application No. 5 (RN-5) <br />Golden Eagle Mine, Permit No. C-1981-013 <br />Dear Mr. McCulloch: <br />COLORADO <br />D I V I S I O N OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision Package for Permit <br />Renewal No. 5 at the Golden Eagle Mine. Notice of the proposed decision will be published in the The Chronicle <br />- News as soon as possible. The first publication will initiate the thirty (30) day public comment period for the <br />Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved renewal materials <br />were sent to the Office of Surface Mining and the Bureau of Land Management. The materials should be sent <br />within 15 days of final approval. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of Bond <br />Held equals or exceeds the Revised Liability, you need not submit additional bond. However, if the Revised <br />Liability exceeds the Bond Held, please submit additional bond or rider to your existing bond that equals or <br />exceeds the Revised Liability. The permit will not be issued until the Division has received and approved the <br />bond. <br />If there are stipulations attached, please sign and return the proposed decision form to the Division. <br />If you have any questions, please contact me. <br />Since Fly, <br />Kent A. Gorham <br />Environmental Protection Specialist <br />KAG/Ahd <br />Enclosure <br />cc: Ron Thompson, Peak Project Management, LLC, with enclosure <br />mA0SQ1hQ Wc-m-08_c 1981013_kag_05112009085642.doc Office of <br />Mined Land Reclamation Denver • Grand lunrtinn . Durango Artivn anrd InartivP Minac